Martinsville City Manager Areatha Ferrell-Benavides agrees with some claims and disputes others incorporated in a lawsuit filed by City Council member Aaron Rawls.
In a five-page response filed late last month and prepared by her attorney, Jim H. Guynn Jr. of Guynn Waddell, P.C., Ferrell-Benavides argued that Rawls failed to state a claim “upon which relief can be granted,” and that she cannot be held liable “by virtue of the doctrines of sovereign, qualified, and/or governmental immunity.”
In his June 2 filing, Rawls alleged violations of his First, Fourth and 14th Amendment rights. He requested judgment against Ferrell-Benavides and Martinsville Sheriff’s Deputy Reva Keen, seeking compensatory and punitive damages in an amount to be determined at trial and/or alternative damages. The filing also requests attorney fees and costs incurred by Rawls and demands a jury trial.
Rawls alleged that Ferrell-Benavides used nonverbal signals to instruct Keen to “seize and remove” him from his seat on the dais during the March 25 City Council meeting in the suit filed in U.S. District Court in Danville by Rawls’ attorney, William H. Hurd of the firm Eckert Seamans Cherin & Mellott.
“On information and belief, Keen and Ferrell-Benavides acted in concert as part of a pre-conceived plan for Keen to seize and remove Rawls if Ferrell-Benavides signaled for her to do so,” the suit alleges in paragraph 43.
Ferrell-Benavides denied that allegation, along with many others in the complaint. However, she did agree with certain statements, including paragraph 23, which states: “Consistent with custom and practice, during the March 25 Meeting, the Mayor granted Rawls the floor for comments of his choosing during the segment listed on the agenda as ‘Comments by City Council Members.’”
In her response, Ferrell-Benavides alleged that Rawls “went beyond the reasonable stance of courtesy in his remarks,” and that Mayor LC Jones took the floor from Rawls after directing him to “fall in order.”
Rawls’ attorney later requested an entry of default judgment against Keen, who did not respond to the lawsuit by the June 27 deadline. The court granted the default judgment on July 1.
